The original instrument was drafted by Whitney Kauffeld. The following digest,
which constitutes no part of the legislative instrument, was prepared by Lebra Bias.
DIGEST
SB 103 Reengrossed 2022 Regular Session Foil
Present law provides for the time limitations for filing a legal malpractice claim.
Proposed law retains present law and removes the additional burden on the plaintiff to prove by a
preponderance of evidence: (1) that the representation by the attorney would have concluded in a
collectable monetary award amount and (2) the value of that collectable award amount had the
attorney not committed the alleged malpractice.
Proposed law provides that the client's recovery against the attorney is limited to the amount that
would have been awarded in the client's underlying claim in which the client was represented by the
attorney.
Effective July 1, 2022.
(Amends R.S. 9:5605(A) and (B); adds R.S. 9:5605.2)
Committee Amendments Proposed by Senate Committee on Judiciary A to the original bill
1. Makes technical changes.
2. Limits collectability of damages to the amount that would have been awarded in the
client's underlying claim in which the client was represented by the attorney.
3. Changes effective date from August 1, 2022, to July 1, 2022.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Removes the additional burden on the plaintiff to prove by a preponderance of
evidence: (1) that the representation by the attorney would have concluded in a
collectable monetary award amount and (2) the value of that collectable award
amount had the attorney not committed the alleged malpractice.